At
the office of the Milano Legal Group Accident Attorneys, our Houston motorcycle
accident lawyers believe that these crash types should never happen, and that
when they do, injured motorcyclists should be compensated for the full extent
of damages that they suffer. If you have been in a crash in Houston, reach out
to our office today to learn more about how we can help.

Causes of Motorcycle Accidents

Motorcycle
accidents are some of the most serious accident types, and therefore knowing
how they occur and how they can be avoided is important for protecting
motorcyclists from harm.

Some
of the most common types of motorcycle accidents include:

Rear-end
accidents, where a motorcyclist is hit from behind. Sometimes, the accident
results in the motorcyclist becoming wedged between two vehicles, which can
result in serious injuries.

Left-turn
accidents, which occurs when a vehicle makes a left turn in front of an
oncoming motorcyclist. Another type of left-turn accident is one where the
motorcyclist is making a left-hand turn and they are hit by a vehicle
proceeding straight through the intersection.

Lane-changing and
merging accidents, which most commonly occur when one of the vehicles involved
is attempting to change lanes and the driver fails to see the motorcyclist.
Motorcycles are smaller than passenger cars and therefore harder to see and
often lost in a driver’s blind spot.

Most
of the accidents that occur, including the accident types listed above, could
be avoided by paying more attention to the road, always looking before
performing a maneuver, and putting distractions away.

Other
top causes of motorcycle accidents include drunk driving, speeding, and
aggressive driving.

Motorcycle Crashes Cause Serious Injuries

It’s
easy to understand why a motorcycle crash can cause a serious injury –
motorcyclists have no protections to prevent against harm, except for perhaps a
helmet. As such, it is often a motorcyclist’s body that absorbs the force of a
crash, leaving the motorcyclist with tragic injuries.

These
injuries may include:

Severe brain
injuries,

Skull and head
injuries,

Facial injuries,

Broken bone
injuries,

Internal
injuries,

Loss of limb
injuries,

Soft tissue
injuries, and

Back and neck
injuries (including spinal cord injuries).

A
motorcyclist who is involved in a crash may never be able to use their body in
the same way again and may never regain the same quality of life they had before
the accident.

Damages Recoverable After a Motorcycle
Accident

If
you’ve been in a motorcycle accident, you deserve to be fully compensated for
your losses. Types of damages that are recoverable after a motorcycle accident
include:

Medical expenses. A motorcyclist who is involved in a crash will likely incur
significant amounts of medical debt, especially if they do not have adequate
health insurance coverage. Our lawyer will advocate for your right to recover
100 percent of your medical expenses, including medical expenses you may face
in the future.

Lost wages. Serious injuries are often disabling, leaving an injured motorcyclist
with the inability to return to work. This means lost wages and loss of earning
capacity in the future, including lost benefits. An injured party should be
compensated for the full economic value of lost wages and future lost wages.

Property damage expenses. Motorcycles are expensive, as are the many items
that a motorcyclist may have on their person at the time of crash and which may
be destroyed in the accident, such as a cellphone, helmet, and clothing.

Pain and suffering damages. Finally, in addition to recovering your full value
of economic damages, Houston motorcycle accident lawyers can also assist you in
recovering compensation for any noneconomic
losses you suffer, including the value of your pain, suffering, diminished
quality of life, emotional anguish, and other losses.

Should I File a Motorcycle Accident
Lawsuit?

Many people who are injured in motorcycle accidents are unsure of how the claims process works and whether or not they will need to file a motorcycle accident lawsuit.

Typically, the first step after the at-fault party has been identified is to bring a claim against the at-fault party’s liability insurance (which drivers in Texas are required to carry). During this process, you (and your legal representative if you choose to hire a motorcycle accident lawyer in Houston, TX) will enter into negotiations with the insurance adjuster with the attempt of reaching a settlement. The vast majority of motorcycle accident claims are settled without a lawsuit ever being filed.

Of course, sometimes, disputes over fault or damages prevent sides from being able to reach a settlement that they both believe to be fair. When this is the case, filing a lawsuit may be the only way to recover the compensation award that’s deserved.

While our motorcycle accident lawyer in Houston will aggressively negotiate your claim and work hard to reach a settlement, if this process fails, we will be prepared to file your suit and represent you during litigation.

Texas Laws

Note
that Texas follows a 51 percent bar rule, which holds that a motorcyclist is
barred from recovering damages from another party if they are found to be 51
percent or more to blame for an accident. If less than 51 percent at fault,
they can still recover compensation, but their damages will be reduced in
proportion to their degree of fault.

Call a Lawyer Today to Learn More

Motorcycle
accident lawyers are often critical to the outcome of motorcyclists’ claims
following serious accidents. At our law firm, our lawyers care about each
client that walks through our door, and they know how much you have on the
line. When you choose our Houston motorcycle accident attorney, you’re choosing
an advocate who will work hard for you.

To schedule your free consultation with our law firm today, please contact us to tell us more about your motorcycle accident or call us directly.

Contact Us

Name*

Email

Phone

Description

Name

This field is for validation purposes and should be left unchanged.

From The Blog

Auto accidents are destructive and complicated. We are here to answer all of your questions about police reports, insurance claims, settlements, and more.

Advantages to Knowing How Total Losses Are Decided in Texas Knowing whether the insurance company will be totaling your car after an accident in Texas is helpful for many reasons. First, it gives you the opportunity to get an early jump start on researching comparable vehicles to present to the insurance company in order to increase your offer on the actual cash value of the car. Second, it will give you more time to shop for a replacement vehicle while the insurance company performs their investigation and estimate of the damages. Third, it may help to avoid accruing additional costs such as storage fees that the insurance company may refuse to pay if you failed to properly mitigate your damages by leaving your car at a storage facility for an unreasonable amount of time. Texas Law on When a Car is Totaled Texas law mandates how insurance companies determine when to total a vehicle and provides a formula, as indicated in the Texas Transportation Code. According to Texas Transportation Code Section 501.091(15), a salvage or “totaled” vehicle has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage. In other words, the Texas total loss formula to determine whether a damaged vehicle is a total loss is: Cost of Repair + Salvage Value > Actual Cash Value If the total cost of repairs plus the salvage value is greater than the actual cash value (ACV) or market value of car, then the insurance company decides to total the car. For example, if your 2008 Honda Accord has an actual cash value of $5,000 and the cost to repair it is $4,500 and the salvage value is $1,000, then your car would be totaled. $4,500 + $1,000 > $5,000 For tips on how to handle your own car accident property damage case in Texas, click here.

If you have been involved in a car crash in Texas and your car was towed, you may have several questions, including where your car was towed, how much it’s going to cost, and who is going to pay for it. In this blog post, we answer these questions. Where was my vehicle towed after my accident? All the stress and uncertainties people go through after experiencing a car accident are overwhelming. Not only do you have to worry about your physical well-being, but also the financial repercussions the accident will cause. Knowing where your car is after the accident will at least alleviate some of the anxiety that you experience in this stressful time. If your car was not drivable after the accident, it will likely be towed to a storage lot. A Copy of the Tow Ticket Towing companies and tow lots, also known as “vehicle storage facilities,” must follow certain rules in order to be in compliance with Texas law. The towing company must provide certain information to all Texas car accident victims after their car has been towed, including the following: provide a copy of a tow ticket to the owner of the car, if the owner or operator is present and available at the time of the tow. Provide a copy of the tow ticket to the vehicle storage facility. The tow ticket may only authorize charges directly related to towing the car. The tow ticket must itemize each charge. The tow ticket must contain the towing company name, telephone number, and TDLR number of the towing operator. Who Initiated the Tow? If you weren’t given a tow ticket and do not know where your car was towed, there are ways to find out. Typically, there are three scenarios when your car is towed after a car accident and is not drivable: You called the towing company to have your car towed after an accident A police officer that arrived at the scene had called for the tow You were transported to the emergency room immediately after the accident and don’t know where the car was towed. If you called the towing company yourself, you’ll be given a tow ticket with the information described above. You can call the towing company directly to get the whereabouts of your car. If the police called the towing company to have your car cleared from the roadway or you were transported to the emergency room immediately after the accident and don’t know where your car was towed, you can call the police department that arrived on the scene of the accident or get the crash report to see where it was taken. Find out how to get your crash reports below: Harris County Dallas County Fort Worth San Antonio How much do towing companies and storage lots charge to tow and store your damaged vehicle after an accident? Towing Fees In Texas, the maximum charges for towing are: $255 for a car weighing up to 10,000 lbs. $357 for a car weighing more than 10,000 lbs. but less than 25,000 lbs. $459 per unit for cars weighing more than 25,000 lbs. with a $918 total maximum Storage Fees In Texas, a storage lot must charge between $5.00 and $20.00 per day or part of a day for a car that is 25 feet long or less. If the car is longer than 25 feet, the storage lot must charge $35.00 per day. As you can see, storage fees can add up quickly. Find out more about storage fees here. Who pays for your towing and storage fees after a car accident? Who pays for your towing and storage fees after a car accident depends on who was at-fault for the accident and whether there is insurance coverage to pay for the loss. Three scenarios are discussed below: Scenario 1: If the accident wasn’t your fault and the at-fault driver has insurance You have the option to use the at-fault driver’s insurance company directly, pay out-of-pocket first and save receipts and then submit these expenses to the at-fault driver’s insurance company for reimbursement, or use your own insurance if you have collision coverage and/or towing and storage fee coverage under your policy. If the at-fault driver’s insurance company hasn’t completed determining who was at fault for the accident, you have the option to file a claim with your own insurance company under your collision coverage. Then, once they accept liability for the accident, your insurance company will seek reimbursement through their insurance company for what they paid out on the claim. Scenario 2: If the accident wasn’t your fault and the at-fault driver doesn’t have insurance, doesn’t have enough insurance, or was a hit-and-run If you have uninsured / underinsured motorist coverage for property damage (UMPD), you can file a UMPD claim with your own insurance company. This will cover the damage to your car, towing and storage fees, and a rental car. There is a deductible of $250 to use this coverage. Also, it is your insurance company’s burden to determine whether the at-fault driver had insurance in a Texas UMPD claim. If you don’t have UMPD coverage and have collision coverage, you can use this coverage to pay for the damage to your car, towing and storage fees, and a rental car. However, the deductible will usually be more than if you used UMPD coverage. Scenario 3: If the accident was your fault If you have collision coverage and/or towing and storage fee coverage with your own insurance, you can file a claim with your own insurance company. If you don’t have this coverage, double check by calling your insurance company. If they confirm that you don’t have this coverage, make sure you act quickly and retrieve your vehicle from the storage lot before the storage fees get out-of-hand. If you leave your car in the storage lot for an extended amount of time and do not pay the fee, after proper notice is sent to you,...

According to the Texas Department of Transportation, there were 14,282 serious injury crashes in Texas in 2017 alone, with 17,535 people sustaining a serious injury. These harrowing statistics translate into the following: One person was killed every two hours 21 minutes, one person was injured every two minutes four seconds, and one reportable crash occurred every 59 seconds that year. Even the safest of drivers can not control the actions of other motorists, and when someone else’s negligence causes a car accident, the physical and financial aftermath can be devastating. Contacting the Milano Legal Group will help you understand your rights. Texas Legal Requirements If you have been injured in a car accident in Texas, you should follow these steps to ensure your rights are protected. Seek Medical Attention: Your health is your greatest asset, and needs to be protected first. Call for emergency medical services at the scene if anyone has been injured. If you do not believe you have been seriously injured, you still need to have an official medical evaluation done by a doctor, nurse, or another medical professional. This is not only important for your own health, but this official medical evaluation can be important and significant to your legal case. Additionally, it is important for you to document any symptoms starting from the initial car accident through to the present. Documentation of your injuries and keeping a file of your medical visits is important if you decide to file a personal injury claim. Contact the police: Get the police to the scene of the accident so they can create a police report. If you do not contact the police immediately, you are required by law to file an accident report with the appropriate police department. Texas law requires you to file a Crash Report within 10 days after the accident if the police were not called to the scene of an accident and the accident resulted in either the injury or death of a person or property damage that is greater than $1,000. That police report may prove valuable to your future personal injury case. Exchange Information: Attempt to obtain the personal identification, vehicle identification, and insurance information of all other drivers involved. Additionally, exchange information with any witnesses, if possible. Document the Accident: If possible, take photographs of the accident scene, any injuries you may have suffered, the weather and road conditions, and any other pertinent information. This documentation can prove useful later if you choose to file a lawsuit. Texas Car Insurance Texas is considered a “fault” insurance state, which means that you do not file with your own car insurance first, but rather, you may file an insurance claim directly with the other driver’s insurance if he or she was at-fault in the accident. This law allows every driver to be held personally liable for any damage that he or she may have caused. You should file a claim with your insurance company as soon as is reasonably feasible. Filing an Insurance Claim According to the Texas Insurance Code Section 542.003, Texas law requires that insurance companies not engage in inappropriate or unfair claim settlement practices. Insurance companies are not allowed to misrepresent any facts or parts of your insurance policy or attempt to negotiate a settlement with you in bad faith. However, even with this law in place, insurance companies have teams of people working hard on their side and do not have your best interests in mind as they create settlement agreements. Take an abundance of caution before signing a settlement that waives your rights to future compensation that you are owed. Working with an experienced car accident attorney who can compile accident reports, witness statements, police reports, medical claims, and other evidence can help strengthen your case and prevent you from accepting low-ball settlements from the insurance companies. Car Accident Settlement Amounts There is no specific amount or actuarial table that can directly calculate the amount that your car accident will ultimately be worth, but hiring an experienced car accident attorney can help you understand your rights regarding how much compensation you may be owed. There are many factors that are involved in the determination of a settlement, including: The severity of the car accident, and the severity of your personal injuries The cost of medical expenses, both already incurred and possible future expenses Lost wages, and potential future loss of wages Insurance coverage of both parties If you were partially at fault for the accident (Texas follows a “modified comparative negligence” doctrine.) Amount and quality of documentation The ability of your attorney to successfully negotiate your settlement or argue your case in court. Texas Statute of Limitations A “statute of limitations” refers to a law that limits your time to file a lawsuit. If you fail to file a personal injury claim by this deadline established by Texas law, then the Texas courts will not hear your case and potentially dismiss it. Texas statute of limitations laws are quite strict, and according to the Texas Civil Practice & Remedies Code Section 16.003, the deadline to file a claim in a personal injury case related to a car accident is within two years of the date of the accident. Contact an Attorney If you have suffered personal injuries due to a car accident in Texas, contacting an experienced car accident attorney should be one of your first steps. The statute of limitations laws in Texas is short and quite strict. Filing your claim within that time limit is vital to ensure that you do not lose the ability to obtain the compensation you are owed due to the negligence of another. Working with an experienced car accident attorney at the Milano Legal Group will help you understand your rights. Our legal team can compile accident reports, witness statements, police reports, medical claims, and other appropriate evidence to not only help strengthen your case and ensure that you file in a timely manner, but also help you obtain the compensation...

Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.